Case Summary
Suresh Kumar. K filed a petition against Purushothaman for eviction from a rented property. The petitioner claims the need for the property to start a dental clinic for his daughter, while the respondent disputes the claims about rent arrears and the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed directing the respondent to vacate the premises within three months. The order will be vacated if the respondent pays the required arrears.
Why Plaintiff Won:
The petitioner established a bona fide need for the premises to conduct a dental clinic as claimed.
The petitioner established a bona fide need for the premises to conduct a dental clinic as claimed.
Losing Side's Weaknesses:
The petitioner established a bona fide need for the premises to conduct a dental clinic as claimed.
The petitioner established a bona fide need for the premises to conduct a dental clinic as claimed.
Supporting Evidence
The need put forth by the petitioner is bona fide. The respondent has not proven he is solely dependent on the petition schedule room for his livelihood.
Judgment Evidence:
The petition is allowed as follows: 1. Respondent is directed to give vacant possession of the petition schedule room to petitioner within three months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Kumar. K
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Purushothaman
Plaintiffs Documents
Certified copy of registered lease deed no. 96/1982 of SRO, Chevayur; Copy of lawyer notice dated 12-01-2022
Defendants Documents
Original rent receipts issued by Panakkil Koodathingal to Purushothaman
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Jayaprasanth Babu. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to give vacant possession of the petition schedule room to the petitioner.
Evidence:
The petition is allowed as follows: Respondent is directed to give vacant possession of the petition schedule room to petitioner within three months from the date of this order under sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to pay the arrears of rent along with interest.
Evidence:
The order passed under section 11(2)(b) of the Act will be vacated if respondent pays or proves to be paid to petitioner the monthly rent at the rate of Rs.200/- (Rupees Two Hundred Only) from April 2007 to 12/01/2022 excluding Rs.3,200/- (Rupees Three Thousand And Two Hundred Only) with interest at the rate of 6% per annum and cost of the proceedings within one month from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is liable to pay costs of the petition to the petitioner.
Evidence:
In the facts and circumstances of the case, the respondent is liable to pay cost of the petition to the petitioner.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the original rent agreement between the petitioner’s father and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to demand payment of rent arrears from the respondent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves that the lawyer's notice was dispatched.
Reference:
Ext.A2(a)
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
This document indicates that the notice to the respondent was unclaimed.
Reference:
Ext.A3
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
These documents are original rent receipts issued by the petitioner's father to the respondent.
Reference:
Ext.B1 to B1(l)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This document is a tax receipt from Kozhikode Municipal Corporation.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This document is a tax receipt from Kozhikode Municipal Corporation.
Reference:
Ext.B3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
This letter was sent to the Right to Information Officer, Kozhikode Corporation.
Reference:
Ext.B4
Document Type:
Acknowledgment
Submitted By:
Defendant
Relevance:
This acknowledgment is from Kozhikode Municipal Corporation.
Reference:
Ext.B5
Document Type:
Letter
Submitted By:
Court
Relevance:
This letter is from Nirmala Hospital, relevant to the petitioner's daughter's dental clinic.
Reference:
Ext.X1
Document Type:
MOU Renewal Agreement
Submitted By:
Court
Relevance:
This document relates to an agreement renewal that may link to the petitioner's claims.
Reference:
Ext.X1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Suresh Kumar. K vs Purushothaman regarding eviction from rented premises
Case Code Year
Case between Suresh Kumar. K vs Purushothaman regarding eviction from rented premises